Near misses - mod warning 22/04 - see OP/post 822

tnegun · 21-09-2019 6:42pm

ED E wrote: »

Nothing is/can be recorded unless the member assigneds supervisor thinks its chargeable. Often the RPU take a "no contact no foul" approach to cyclist reports. They can offer adult cautions but have to be able to charge them if they reject that offer.

If you make a complaint it will be recorded against the driver and show on pulse in future or at least thats what I've been told when making a similar complaint.

Chiparus · 21-09-2019 6:53pm

ED E wrote: »

Nothing is/can be recorded unless the member assigneds supervisor thinks its chargeable. Often the RPU take a "no contact no foul" approach to cyclist reports. They can offer adult cautions but have to be able to charge them if they reject that offer.

Can you ask the garda to get the insurance details of the driver?

RobbieMD · 21-09-2019 7:04pm

Chiparus wrote: »

Can you ask the garda to get the insurance details of the driver?

If there is injury to persons or property then yes you would be entitled to insurance information if there is any.

Chiparus · 21-09-2019 7:13pm

RobbieMD wrote: »

If there is injury to persons or property then yes you would be entitled to insurance information if there is any.

Grand so, tell the guard you are considering taking an action based on the close pass and ask them to get the persons insurance details.

magicbastarder · 21-09-2019 8:01pm

if there was no contact and no damage to claim, there's nothing actionable from an insurance point of view, so why would the garda pass over those details?

Seth Brundle · 21-09-2019 8:18pm

Mental anguish?

(Not that you'd get much!)

average_runner · 21-09-2019 8:35pm

Chiparus wrote: »

Grand so, tell the guard you are considering taking an action based on the close pass and ask them to get the persons insurance details.

Claim culture is alive

Kaisr Sose · 21-09-2019 8:56pm

RobbieMD wrote: »

Chiparus wrote: »

Can you ask the garda to get the insurance details of the driver?

If there is injury to persons or property then yes you would be entitled to insurance information if there is any.

They declined (refused) to give me the insurance details of a driver citing GDPR. A driver close passed me, and then tried to sqeeze me into the kerb. I fell off and into the road. I had a few cuts, grazes, bruised my ribs and strained a ligament in my knee. I had to go hospital later that day.

The driver knew I fell and drove off. I had a witness and video. After many months, I was told no prosecution and I could not have the insurance details. When I questioned this I was told I should have got these fom the driver, to which I said, eh, they did not stop (face palmðŸ€”)

I have made a written request for the insurance details. Its just not acceptable that the Garda are using GDPR as an excuse not to provide information that is required. That is not the purpose of GDPR.

RobbieMD · 21-09-2019 9:25pm

Kaisr Sose wrote: »

They declined (refused) to give me the insurance details of a driver citing GDPR. A driver close passed me, and then tried to sqeeze me into the kerb. I fell off and into the road. I had a few cuts, grazes, bruised my ribs and strained a ligament in my knee. I had to go hospital later that day.

The driver knew I fell and drove off. I had a witness and video. After many months, I was told no prosecution and I could not have the insurance details. When I questioned this I was told I should have got these fom the driver, to which I said, eh, they did not stop (face palmðŸ€”)

I have made a written request for the insurance details. Its just not acceptable that the Garda are using GDPR as an excuse not to provide information that is required. That is not the purpose of GDPR.

Strange. It’s provided for under Section 106 of the Road Traffic Act

CramCycle · 21-09-2019 9:54pm

I was simply handed the details by the Garda who got them off the database. Another Garda said I'd need a solicitor to request it from the Super. I am not sure there is any consistency.

Pinch Flat · 21-09-2019 10:14pm

I went to the guards with video footage of being tailgated aggressively within a few inches, beeped at then overtaken into oncoming traffic and squeezed to the side of the road, almost taking me off the bike by some nutter in a van in February. That was then and have heard nothing. This sort of behavior is just not taken seriously by the guards “sure it’s just some fella on a bike”.

Kaisr Sose · 21-09-2019 10:43pm

RobbieMD wrote: »

Strange. It’s provided for under Section 106 of the Road Traffic Act

Thats what I said too and the Garda said he knew what the RTA said. He then said he would check things with colleagues and never heard anything more. I can't post more on this incident until matters conclude.

They are not consistently or regularally enforcing the laws that are there and it has become a free for all on the roads as a result.

In my opinion, the lack of resources comments from them are self serving. They would be no different if they had more feet on the ground.

Chiparus · 21-09-2019 11:05pm

magicbastarder wrote: »

if there was no contact and no damage to claim, there's nothing actionable from an insurance point of view, so why would the garda pass over those details?

Im not saying to sue, I am suggesting you ask the guard to get the other drivers insurance details.

magicbastarder · 21-09-2019 11:09pm

again; if there's nothing actionable from an insurance point of view, why would you expect the garda to hand over the insurance details?

Eamonnator · 21-09-2019 11:09pm

Chiparus wrote: »

Im not saying to sue, I am suggesting you ask the guard to get the other drivers insurance details.

For what reason?

Chiparus · 21-09-2019 11:10pm

average_runner wrote: »

Claim culture is alive

Sure is , and it seems to be more effective than asking the Guards to do something.

Chiparus · 21-09-2019 11:11pm

Eamonnator wrote: »

For what reason?

Because you are considering making an insurance claim.:)

Chiparus · 21-09-2019 11:12pm

magicbastarder wrote: »

again; if there's nothing actionable from an insurance point of view, why would you expect the garda to hand over the insurance details?

That is for a court/PIAB to decide , not the guards.

Eamonnator · 21-09-2019 11:17pm

Chiparus wrote: »

That is for a court/PIAB to decide , not the guards.

If there is no injury, why would the Personal Injuries Assessment Board be interested?

Chiparus · 21-09-2019 11:26pm

Eamonnator wrote: »

If there is no injury, why would the Personal Injuries Assessment Board be interested?

They may not be interested, but thats not for the guard to decide.

magicbastarder · 21-09-2019 11:34pm

You're saying a Garda has to give out insurance details on your say so?

magicbastarder · 21-09-2019 11:37pm

Genuinely confused here. You're going to the Gardai, telling them you had an altercation with a motorist, but one with no insurance implications, and say they are legally required to hand over insurance details?

Chiparus · 21-09-2019 11:39pm

magicbastarder wrote: »

You're saying a Garda has to give out insurance details on your say so?

If you feel you were injured as a result of the actions of driver.

Chiparus · 21-09-2019 11:40pm

magicbastarder wrote: »

Genuinely confused here. You're going to the Gardai, telling them you had an altercation with a motorist, but one with no insurance implications, and say they are legally required to hand over insurance details?

That is not for the guards to decide.

Kaisr Sose · 22-09-2019 9:55am

average_runner wrote: »

Claim culture is alive

As is the culture of speeding and lack of regard for vulnerable road users on our roads

average_runner · 22-09-2019 7:55pm

Kaisr Sose wrote: »

As is the culture of speeding and lack of regard for vulnerable road users on our roads

It is for sure but still doesn't make it correct in what you are trying to do.

Report the driver for sure to the garda. But don't try to pass the cost onto us that are good drivers.

Weepsie · 22-09-2019 8:16pm

average_runner wrote: »

It is for sure but still doesn't make it correct in what you are trying to do.

Report the driver for sure to the garda. But don't try to pass the cost onto us that are good drivers.

It isn't though. It would be merely pointing out to their insurer that they are insuring a person who drives dangerously and their premium might be at risk.

Seth Brundle · 22-09-2019 8:19pm

Weepsie wrote: »

It isn't though. It would be merely pointing out to their insurer that they are insuring a person who drives dangerously and their premium might be at risk.

Insurer won't do anything, nor can they really do anything. They don't enforce the laws, nor should they.

Kaisr Sose · 22-09-2019 8:24pm

average_runner wrote: »

It is for sure but still doesn't make it correct in what you are trying to do.

Report the driver for sure to the garda. But don't try to pass the cost onto us that are good drivers.

I incurred medical expenses and my rear shifter/brake lever had a part broken in it. The purpose of insurance is to put people back where they were prior to incident. That is what I am trying to do.
The tag 'claim culture' is unfair on genuine cases. The problem is bogus or exaggerated claims, some arising from staged events.

Weepsie · 22-09-2019 8:31pm

Seth Brundle wrote: »

Insurer won't do anything, nor can they really do anything. They don't enforce the laws, nor should they.

No they shouldn't. However, if there is evidence of dangerous driving against someone, not merely one word against another, it would need to be video evidence really, then there should be a facility where an insurer can review that and note it for policy renewal or even cancellation.

Too much is dependent on the whim of a garda's mood when reporting these days and even then you get vast inconsistencies in the same stations

Near misses - mod warning 22/04 - see OP/post 822

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